Indian court rejects ban on 'offensive' Internet messages

Lawyer Blog Post 2015/03/27 16:49   Bookmark and Share

India's top court affirmed people's right to free speech in cyberspace Tuesday by striking down a provision that had called for imprisoning people who send "offensive" messages by computer or cellphone.

The provision, known as Section 66A of the 2008 Information Technology Act, had made sending such messages a crime punishable by up to three years in prison.

In its ruling, the Supreme Court said the provision was "clearly vague" in not clarifying what should be construed as offensive. It also said the provision violates people's freedom of speech and their right to share information.

"The public's right to know is directly affected," the judges said in deeming the provision unconstitutional.

A law student who filed the challenge in 2012, Shreya Singhal, applauded the court's rejection of a provision she said was "grossly offensive to our rights, our freedom of speech and expression."

"Today the Supreme Court has upheld that, they have supported our rights," Singhal said. "I am ecstatic."

The law has been invoked in at least 10 recent cases, most often involving criticism of political leaders.

In 2012, a chemistry professor and his neighbor in Kolkata were arrested for forwarding a cartoon that made fun of West Bengal's top elected official, Mamata Banerjee.
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Amanda Knox murder conviction overturned by Italy high court

Headline Legal News 2015/03/27 16:45   Bookmark and Share

Italy's highest court overturned the murder conviction against Amanda Knox and her ex-boyfriend Friday over the 2007 slaying of Knox's roommate, bringing to a definitive end the high-profile case that captivated trial-watchers on both sides of the Atlantic.

"Finished!" Knox's lawyer Carlo Dalla Vedova exulted after the decision was read out late Friday. "It couldn't be better than this."

In a rare decision, the supreme Court of Cassation overturned last year's convictions by a Florence appeals court and declined to order another trial. The judges declared that the two did not commit the crime, a stronger exoneration than merely finding that there wasn't enough evidence to convict.

In a statement issued from her home in Seattle, Knox said she was "relieved and grateful" for the decision.

"The knowledge of my innocence has given me strength in the darkest times of this ordeal," she said, thanking her supporters for believing in her.

Experts have said such a complete exoneration is unusual for the high court, which could have upheld the conviction or ordered a new trial as it did in 2011 when the case first came up to its review on appeal.

The justices' reasoning will be released within 90 days.

The decision ends the long legal battle waged by Knox and Italian co-defendant Raffaele Sollecito to clear their names in the death of British student Meredith Kercher, after they spent nearly four years in prison immediately after the murder.

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